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Hatch Pushes INDUCE Act

An anonymous reader writes "According to CNET the Senate is leaning strongly in favor of the INDUCE Act sponsored by Senator Orrin Hatch. It looks like the RIAA is making significant progress manipulating the marionette strings in Congress. MP3newswire.net states that if such laws were to pass, the record industry would become the new AMTRAK. 'Bloated and inefficient as always, but now a drain on taxpayers wallets and liberty as well'." Infoworld has a story as well. Reader CryptoEngineer writes: "Marybeth Peters, of the US Copyright Office testified recently before the Senate Judiciary committee in support of the INDUCE Act, which has been discussed here before. In summary, she thinks its not strong enough. Among other things, she proposed scrapping the Betamax decision, which makes it legal to timeshift TV shows with a VCR. Analysis here."

19 of 739 comments (clear)

  1. Powerful incentives (and interests) by SIGALRM · · Score: 4, Interesting
    Senate is leaning strongly in favor of the INDUCE Act sponsored by Senator Orrin Hatch
    Senator Hatch has a powerful incentive [opensecrets.org] in attacking P2P networks (see #'s 7, 15, 18).

    Oddly enough, by the same logic he's using in this legislation prescription drugs should be illegal because they can be abused as well. But since the rest of his top contributors are pharma co's he isn't likely to raise that as an issue is he?
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    Sigs cause cancer.
    1. Re:Powerful incentives (and interests) by Elwood+P+Dowd · · Score: 2, Interesting

      SBC is a disincentive, not an incentive. Media piracy helps SBC, because they sell high speed internet access.

      Depending on how vaguely INDUCE is termed & interpreted, (I have no idea about this.) SBC's current business practices could be considered illegal under the INDUCE act, and they may be required to change or face consequences. Dunno.

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      There are no trails. There are no trees out here.
    2. Re:Powerful incentives (and interests) by Rick+the+Red · · Score: 4, Interesting
      Exactly. This will be just like lowering the speed limit to 55mph. Overnight virtually every driver in the country became a criminal. If this act passes, overnight virtually every VCR owner will become a criminal -- exact same situation. And it only took, what, 20+ years to repeal the 55mph national speed limit. In that 20 years cars didn't change much, but 20 years from today most VCRs will be dead (and will long since be obsolete - analog TV is supposed to die shortly after 2006), and all the (legal) digital equipment will be technically incapable of timeshifting if the broadcaster disallows it, so in 20 years repealing the INDUCE act will be moot.

      Worst case scenario, in 20 years we won't have any personal computers, because this will outlaw them as well (any general purpose computer is a potential circumvention device and therefore must be prohibited - only DRM-shackled PCs will be legal, and I wouldn't call them "general purpose" if they only do what the RIAA/MPAA want them to do).

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      If all this should have a reason, we would be the last to know.
  2. Flip, flop by Ryu2 · · Score: 4, Interesting

    Funny, I remember Orrin Hatch was actually a SUPPORTER of the original P2P Napster, to the extent that he actually put some of his own amateur works on there.

    See, for instance here

    Why the change of heart? I guess sticking to one's original convictions is too much to ask.

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    There's 10 types of people in this world, those who understand binary and those who don't.
  3. This is getting out of control by minorthreatbmxxx · · Score: 5, Interesting

    As much as I agree with the RIAA that piracy is wrong and should be stopped, things are getting ridiculous. Corporations shouldn't have this much power in government. This is supposed to be a government by the people, for the people, but is now controlled by the corporations...

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    Free iPod!eBay o
    1. Re:This is getting out of control by antiMStroll · · Score: 2, Interesting

      This kind of legislation is horrifying. Jackasses like Hatch are basically selling RIAA an exclusive, protected license to make money by drastically curtailing the freedom to move information (but not, apparently, the freedom to move money into his pocket.) The brazen attitude is what really sends chills down my spine, bought Senators aren't even making an effort at an appearance of balance, he's advocating for the rubber stamping of legislation written by special interest corporations making huge segments of the general population criminals. There's a special place in hell for his kind and I wish him god's speed in his journey.

  4. Question by strike2867 · · Score: 5, Interesting

    Does someone have a list of Senators currenty in favor of the act. They need to be urgently sto^H^H^H replaced.

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    Vote for new mod!!! Score:-2,Imbecile
    1. Re:Question by krazo · · Score: 2, Interesting
      There should be a web page where for any legislator you could find out:
      • Which bills they proposed
      • Which bills they voted for and against
      • Which committees they are on
      • Other information like that which I can't think of right now

      It could be cross-referenced by bill too. So, you could see who voted for and against which bills. You could see things like partisanship, who was most likely to vote against his party, etc., etc. Maybe it could be linked to campaign finance records too so we could see whose pocket everyone is in. I know the information is all public domain, but I don't know of any simple way to access it.

      Does anyone know of a site that does anything like this? I think it would go a long way towards making actions of congress more transparent and maybe forcing a little more accountability on legislators (by having their voting records very easily accessible and understandable for the public.)
    2. Re:Question by david_reese · · Score: 2, Interesting
      Form letter, but the EFF will fax or email it for free to your reps.

      Someone mod this guy way up!.. with the anthrax scare, written letters are ignored by your legislators, and emails can easily be /dev/null'd. Faxes are they way to get a response, and the EFF rules for giving a free way to do that!

  5. Amtrak analogy? by nucal · · Score: 3, Interesting
    Aside from the government connection - I fail to see how the Induce act is anything similar. The US Government actually runs Amtrak as a quasi-independent business (much the way the US Postal Service is run). The Induce act is meant to put a set of regulations in place, not run record companies.

    What I find interesting is that the current administration is perfectly happy to regulate the behavior of regular citizens, while allowing unregulated and irresponsible corporate behavior ...

  6. The "reasonable person" standard. by anonymous+cowherd+(m · · Score: 4, Interesting
    Quoting the Act itself:

    In this subsection, the term `intentionally induces' means intentionally aids, abets, induces, or procures, and intent may be shown by acts from which a reasonable person would find intent to induce infringement based upon all relevant information about such acts then reasonably available to the actor, including whether the activity relies on infringement for its commercial viability.

    (Italics mine)

    The problem here is that "reasonable people" are rarely reasonable.

    Doh, didn't mean to post this as AC.

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    http://neokosmos.blogsome.com
  7. Re:Proportional Representation by antarctican · · Score: 4, Interesting

    Try to get proportional representation up so everyone has a voice.

    How the hell do you do PR on a presidential election? Each candidate gets a percentage of the Whitehouse?

    For the presidential election two changes would improve the system. First, get rid of the electoral college, make it pure nation wide numbers. And second, single transferable vote, instant runoff voting, whichever name you might call it - that would take away the "a vote for Nader is a vote for Bush" argument. You could vote for Nader, but at the same time vote for Kerry. And maybe once people catch on a bit more, Nader might even win! Yay for America! :)

  8. VCR won't become illegal by Sloppy · · Score: 2, Interesting
    If I were one of the evil overlords working on this, I would handle it by writing in weird exceptions. Grandfather the VCR in. That way, they can outlaw the VCR in principle and prevent future products that do essentially the same thing from becoming mainstream, but not actually outlaw the VCR specifically. That way, you avoid inciting outrage in the sleeping masses.

    It's a general principle you'll see all the time: screw the future, but don't make too many people mad right now.

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    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  9. Re:Proportional Representation by antarctican · · Score: 2, Interesting

    The other thing I'd like to see, is the ability to vote for different people to represent me on different subjects since, for example, I tend to side with Republicans on gun control issues but with Democrats on abortion and foreign policy. Imagine being able to vote for person A to represent you on education, person B on the military, person C on foreign affairs, person D on budgets, ...

    That is exactly what my party here in BC is pushing for, not having to take the "package deal" when it comes to policies. In addition to this, stoping the "bait and switch" we see with election platforms so often.

    Give the people a direct voice on the issues. Our current system was designed from the days when you didn't know what was happening in the town on the other side of the mountain, let alone the other side of the country. When towns became the size where you couldn't gather everyone in the town square to vote on an issue. So we had to send a representative to a central location to speak for us.

    Technology is changing this, we (at least up here) have a highly educated population, computers are cheap, networking is cheap. We can create a system where to get to pick the policies you want, a la carte as we've heard about in the cable debate down south. If I want fiscal conservatism, why should I have to vote for the party that also would create socially conservative laws that limit freedoms?

    A better way is possible. Actually, check out Liquid Democracy, it's a system that has really gotten my attention as a possible alternative.

    (and I know all the paranoid slashdotters are going to rag on me about how computers can be compromised, electronic voting can't be trusted, yadda yadda.... it can if done correctly, we trust bank machine networks...)

  10. We're all missing the real reason here by aristus · · Score: 2, Interesting

    RIAA doesn't really want to eliminate the iPod, the VCR, etc. What they want is the power to do so, exactly how the Business Software Alliance has special powers granted by congress to examine all your computers, without a warrant, to certify "compliance", and sue you out of existance while forcing you to pay their legal bills. It's not something they do every day because they don't *have* to. The threat is enough.

    What the *AA want is a piece of the pie, to mandate DRM *and* get a royalty payment off every device and download. We keep telling them "get a new business model!" Well, this is it.

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    Sometimes seventeen/Syllables aren't enough to/Express a complete
  11. RTFA yourself, first by roystgnr · · Score: 3, Interesting
    In the Marybeth Peters statement (an eye-opening read that cuts through the paranoia/lies that Slashdot is spoonfeeding you) she says several interesting things. She is not in favor of scrapping the Betamax decision, and makes no mention of it not be strong enough, despite what our editors want you to believe.

    Scrolling down to page 20 of Marybeth's statement:
    While you have carefully crafted this bill to preserve the 20-year-old decision in the Sony case, it may become necessary to consider whether that decision is overly protective of manufacturers and marketers of infringement tools, especially in today's digital environment. If the Sony precedent continues to be an impediment to obtaining effective relief against those who profit by providing the means to engage in mass infringement, it should be replaced by a more flexible rule that is more meaningful in the technological age, but that still vindicates the Court's goal to balance effective "and not merely symbolic" protection of copyright with the rights of others to engage in substantially unrelated areas of commerce.

    she gives facts making it riduculously clear that Kazaa and others like it are designed to contribute and profit from copyright infringement

    Unfortunately, Marybeth's understanding of peer-to-peer networking is just as superficial as your understanding of her statement. Her "ridiculously clear" facts include:

    Kazaa gets more advertising revenue from having more users. Duh. Her same argument would make Microsoft liable for people who send copyrighted attachments with Hotmail, except that unlike Kazaa, Microsoft has finally figured out that large companies can buy their way out of federal prosecution with enough political contributions.

    Kazaa automatically reshares downloaded files. Again, duh. Bittorrent (which you erroneously think she would support) works the same way. In any case it's irrelevant. If a file could have been legally downloaded once, then it's almost certainly free to upload afterward. In fact, the fact that peers do most of the uploading to relieve central servers of network congestion is practically the definition of how P2P software works!

    The X button minimizes instead of closes Kazaa. This doesn't "hide the program from the screen" as she says, it leaves the program in the taskbar, just like countless other programs from Mozilla to Winamp. Again, this is how P2P is supposed to work: because the software is always running, there is always a wide selection of uploaders available, and so uploads can be fast without swamping a central server.

    Kazaa lets you download more if you upload more. Again, Bittorrent works this way too. And yes, this is how P2P is supposed to work: fast download speeds for everyone are made possible by ensuring that the first people in line to download a file are the ones most likely to help others download it as well.
  12. Open Letter to Orrin Hatch by Rimbo · · Score: 3, Interesting

    Mr. Hatch,

    You have proven yourself to be a man of noble intent. Your support of the DREAM Act alone shows that you care about individuals, and that you care about the future of America. I am certain that your support of INDUCE is also backed by noble intent; it is wrong for people to steal from the works of others.

    On that note, let's examine the business practices of the corporations that have asked you to help them. They frequently state that they are here to protect artists; if that's so, why do artists who work for them revile them? They say that they are here to prevent theft; if so, why do artists accuse them of stealing from artists? They say that P2P applications have no legitimate uses; if that's so, why do struggling independent artists -- those not affiliated with the RIAA's member corporations -- embrace P2P applications as their last, best hope?

    I write to you as an artist, and on behalf of artists, whose livelihood is threatened not by P2P apps, but by INDUCE. The RIAA is not speaking for me; it is my competition. Their true purpose is not to protect me, but to lock me out.

    Remember how hard you worked to secure digital law for the RIAA, so that they could distribute digital content safely? And how afterwards, they never did it -- except for a few third-rate websites? Instead, they used the law to lock out the means we independent artists use to promote our music -- P2P applications like Napster! These file-sharing applications give me a huge audience and distribution mechanism, so that I can find new fans without the need for the RIAA. That is the REAL reason for laws like INDUCE -- it's not about theft; it is about CONTROL.

    What protection is there for legitimate uses of P2P software? What is there in this bill to ensure I can still promote my music without having to sell my soul to the RIAA's member companies using the latest in technology?

    If you would like to discuss this issue more, please give me a call on my cell phone any time at (redacted). I believe that you would not promote a bill that would hurt America and its future. I think that if you understood my point of view, you would understand why I feel this bill, in its current form, may be very dangerous to America's future.

  13. Can you avoid the RIAA? by toddt · · Score: 2, Interesting

    I like a fairly diverse set of music (Gillian Welch to Rammstein), but a quick check at RIAARadar.com shows a good chunk of it is RIAA produced.

    Now, I hate the RIAA as much as the rest of you. I like my rights, and it sucks that they're being trampled. The RIAA blows.

    But I also really like music. And I don't buy the argument that all RIAA music is crap. It isn't. The stuff that gets a lot of commercial airplay may very well be, but it's simply not true to say that the RIAA doesn't have good artists.

    And there's my problem. I hate the RIAA, and I like the artists. I'd cheerfully screw the RIAA by burning CDs from friends or finding what I like on the p2p networks, but I feel wrong not paying the artists for music that I spend a lot of time enjoying. Their hard work makes me happy, and they deserve compensation for that.

    I wish there were a way I could mail the artist a check directly, for some fair price. If I could, I'd send a letter saying, "Hey, Gillian. I downloaded your music from Kazaa. It's great. Here's eight bucks. I trust that's more than you'd get from the RIAA, if I bought their packaged version."

    Does any mechanism like this exist?

  14. Re:You Americans forget something: by t_allardyce · · Score: 3, Interesting

    Our stores will sell gear without DRM. (It's cheaper to make stuff without it.)

    Thats about to change. DRM will be included in most chips (CPUs, MPEG-Decoders & other DSP etc..) and once its in it will pose no extra cost. Finding chips without DRM will be the hard (i.e expensive) thing. Im guessing no American or European companies will risk making them for fear of being fined, some other enterprising foriegn manufactures might make some (or make mod chips) they could potentially make a fortune. Once the big players have got together with the US government and agreed on hardware, life is going to suck and since the US polices the rest of the world (i.e decides what laws we need to have in order to trade with the US) life is going to suck for everyone else too.

    Just read about high-flow toilets ROFL "you have the right to own an assult rifle that can cut through trees and brick walls, but not a toilet that can flush more than 1.6Gs!"

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